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North County Communications Corp. of Arizona v. Qwest Corp.
Summary judgment in favor of telephone company affirmed where company had power to initiate negotiation and compel arbitration with rival telecommunications company.
Utilities May 31, 2016
U.S. v. Inouye
No abuse of discretion in setting restitution at eight percent of defendant's gross monthly income in connection with revocation of supervised release.
Criminal Law and Procedure May 31, 2016
Jane Doe No. 14 v. Internet Brands Inc. dba Modelmayhem.com
Communications Decency Act does not bar rape victim's lawsuit against website for negligently failing to warn her of rapists' use of website under California law.
Torts May 31, 2016
Morales de Soto v. Lynch
Petition for review of ICE's decision to reinstate prior expedited removal order denied where intervening agency memoranda that do not change law do not require remand.
Immigration May 31, 2016
People v. Bankers Insurance Co.
Filing of amended complaint does not warrant exoneration of bond where amendment, though unauthorized, did not materially increase surety's risk under the bond.
Criminal Law and Procedure May 31, 2016
People v. Bell
Are the People entitled to withdraw from a plea agreement for conviction of a lesser offense and to reinstate any dismissed counts if the defendant files a petition for recall of sentence and reduction of the conviction to a misdemeanor under Proposition 47? If the defendant seeks such relief, are the parties returned to the status quo with no limits on the sentence that can be imposed on the ground that the defendant has repudiated the plea agreement by doing so?
May 30, 2016
People v. Casias
Does Prop. 47 apply to the offense of unlawful taking or driving a vehicle under Vehicle Code Section 10851, because it is a lesser included offense of Penal Code section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code Sections 490.2 and 1170.18?
May 30, 2016
People v. Fernandez
Does Prop. 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less, apply to theft of access card information in violation of Penal Code section 484e(d)?
May 30, 2016
People v. Gomez
Does Prop. 47 apply to the offense of unlawful taking or driving a vehicle (Vehicle Code Section 10851), because it is a lesser included offense of Penal Code section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code Sections 490.2 and 1170.18?
May 30, 2016
M., Bianka v. S.C. (M., Gladys)
Did the trial court err in denying petitioner's request for an order making findings concerning Special Immigrant Juvenile status and placing her in her mother's sole legal and physical custody?
May 30, 2016
People v. Nice
Police officer's visual speed estimation, combined with experience and expertise, provided reasonable suspicion for traffic stop, defeating defendants' suppression motion.
Criminal Law and Procedure May 30, 2016
Doe v. Roman Catholic Archbishop of Los Angeles
Order sustaining demurrer in favor of Catholic church reversed and case remanded to allow plaintiffs, alleged sexual abuse victims, to plead claims under tolling statute.
Civil Procedure May 30, 2016
People v. Young
Warrantless search of sex offender lawful though occurring one year and one day after initial placement on postrelease community supervision, which year no violation occurred.
Criminal Law and Procedure May 30, 2016
Arredondo v. Lynch
Car's mechanical failure does not alone compel granting alien's motion to reopen based on 'exceptional circumstances.'
Immigration May 30, 2016
Timbisha Shoshone Tribe v. U.S. Dept. of the Interior
Action challenging recognition of election results for leadership authority over Timbisha Shoshone Tribe rendered moot by Tribe's adoption of new constitution.
Native American Affairs May 30, 2016
U.S. v. Lee
Order
May 30, 2016
Williams v. Johnson
Under AEDPA, convicted murderer's habeas petition for Sixth Amendment violation, based on anti-prosecution-biased juror being dismissed for unwillingness to follow law, fails.
Constitutional Law May 30, 2016
In re Marriage of Cooper
Wife unable to overcome presumption that investment accounts held in joint title with husband are community property, but may get reimbursement for her separate property contributions.
Family Law May 30, 2016
People v. Vasquez
Defendants unsuccessful in challenging imposition of gang enhancements where prosecution presents sufficient evidence that multiple Norteno gang subsets acted as single group.
Criminal Law and Procedure May 26, 2016
Smith v. Ryan
Denial of federal habeas petition proper in case challenging death sentence under Antiterrorism and Effective Death Penalty Act.
Criminal Law and Procedure May 26, 2016
Geier v. m-Qube Inc.
Mobile phone billing aggregators may seek to enforce arbitration clause as intended third party beneficiaries, but questions remain on whether plaintiff even assented to contract.
Consumer Law May 26, 2016
ONDA v. Jewell
Challengers to wind turbine project in Oregon win partial victory due to failure to consider project's impact on sage grouse bird during winter months.
Environmental Law May 26, 2016
People v. Salazar
Sentencing court may use defendant's prior juvenile murder conviction as basis for special circumstance that made current first degree murder conviction punishable by death.
Criminal Law and Procedure May 26, 2016
People v. Franklin
Constitutional claim by juvenile homicide offender serving two consecutive 25-years-to-life sentences rendered moot by newly-enacted statutes requiring parole hearing by 25th year of incarceration.
Criminal Law and Procedure May 26, 2016
In re Richards
Husband convicted of wife's murder obtains habeas relief following expert witness's retraction of bite mark testimony, which constituted 'false evidence' under recently-amended Penal Code Section 1473.
Criminal Law and Procedure May 26, 2016
Jackson v. Superior Court (People)
Following denial of relief to petitioner ordered committed to state hospital, court urges Legislature to amend Penal Code Section 1370(c)(2) to provide courts more clarity.
Criminal Law and Procedure May 25, 2016
Baxter v. Bock
Arbitration award in fee dispute properly confirmed despite arbitrator's alleged failure to disclose background where nature of arbitrator's legal practice does not raise inference of bias.
Attorneys May 25, 2016
C.V. v. City of Anaheim
Officer immune from liability under 42 U.S.C. Section 1983 for use of deadly force, but reversal required on state law claims.
Civil Rights May 25, 2016
Rodriguez v. Copenhaver
Bureau of Prison's reliance on recused judge's letter in denying federal prisoner's nunc pro tunc designation of his sentence legally erroneous and violates due process.
Criminal Law and Procedure May 25, 2016
Chu v. U.S. Commodity Futures Trading Commission
Investor's petition for review denied where Commodity Futures Trading Commission's decision in favor of account executive at futures commission merchant supported by substantial evidence.
Administrative Agencies May 25, 2016